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Home Criminal

Where an act or an omission constitutes for an offence under two enactments the offender may be punished under either or both enactment but was not liable to be punished twice for the same offence.

by PLRonline
October 4, 2021
in Criminal, IPC
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Criminal trial

IPC, Section 420, 408, 379  – Information Technology Act, 2000  Section 66 – if the special enactment in form of the Information Technology Act contains a special mechanism to deal with the offences falling within the purview of Information Technology Act, then the invocation and application of the provisions of the Indian Penal Code being applicable to the same set of facts is totally uncalled for – Where an act or an omission constitutes for an offence under two enactments the offender may be punished under either or both enactment but was not liable to be punished twice for the same offence – It is always possible that the same set of facts can constitute offence under two different laws but a person cannot be punished twice for the said act which would constitute an offence.

2019 PLRonline 1009 (Bom.)

Tags: Double JeopardyIPC S. 379IPC S. 408IPC S. 420IT Act S. 66
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    • Suit for recovery of Money
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